The Goal 5 rule applies any time the local land use plan or zoning ordinance is amended. Any post-acknowledgement plan amendment (PAPA) initiated after Sept. 1, 1996 must follow Division 23, Section 0180. The old rule applies to PAPAs initiated before that date. Division 23, Section 0180 was revised in 2004 (effective June 25, 2004).

Similarly, the revised Goal 5 Rule applies to work tasks in ´periodic review´ work programs approved or amended after Sept. 1, 1996. The old rule applies to work tasks in ´periodic review´ work programs approved before that date.

However, a county may choose to apply the new rule to all aggregate work tasks in a ´periodic review´ work program, regardless of the work program date. From now on, counties must amend acknowledged plans and land use regulations at ´periodic review´ to comply with the new aggregate rules.

For additional information about how the rule applies at ´periodic review´ or during post-acknowledgement plan amendments, see OAR 660-023-0250.

The Goal 5 process organizes the new rule requirements into a series of four steps. These steps are only triggered when an application is received for a mining authorization.

Step 1

Step 1: Determine whether the aggregate site is significant and the application is adequate

The revised rule provides for Goal 5 protection of large aggregate sites that are determined to be ´significant.´

OAR 660-023-0180(3) contains the minimum standards for significance. The revised rule also provides for mining of small significant aggregate sites on farmland through a modified Conditional Use Permit (CUP) process (OAR 660-023-0180 (4)). If a site is not significant and is not on farmland, then Goal 5 and the modified CUP process does not apply to the aggregate site. However, a PAPA may still be required in order to include the site on a comprehensive plan inventory.

Additionally, other Statewide Planning Goals may still apply to the site, and Goal 5 may apply to other resources on the site. Non-farmland aggregate sites deemed not significant may be reviewed in a land-use decision through the traditional CUP process.

The term ´adequate´ is defined by OAR 660-023-0180(8). An adequate application must include all information this section requires, any county requirements, and additional information needed for the evaluation process.

Step 2

Step 2: Decide whether mining will be permitted on the aggregate site

For large aggregate sites, this step is driven by the evaluation of conflicts between future mining and existing uses within an impact area. The evaluation is spelled out in OAR 660-023-0180, (5)(a) and (b).

The rule limits evaluation of existing uses that conflict with mining to:

This step also includes identification of reasonable and practicable measures to minimize any existing conflicts, described in OAR 660-023-0180(5)(c). If reasonable and practicable measures are identified to minimize existing conflicts, mining must be allowed at the proposed site.

When conflicts are identified that cannot be minimized, the county shall determine the economic, social, environmental, and energy (ESEE) consequences of allowing, limiting, or not allowing mining at the site.

The county must then weigh the ESEE consequences and the following other considerations:

The degree of adverse effect on existing uses within the impact area

Reasonable and practicable measures that could be taken to reduce the adverse effects

The probable duration of the mining operation

Proposed post-mining use of the site

The county must then decide whether or not to allow mining. If a decision is made not to allow mining, then the PAPA is not approved and the remaining steps do not apply.

Small significant sites on farmland must satisfy discretionary conditional use permit approval standards adopted by the local government (OAR 660-023-0180 (6)). In addition, local governments determine the post mining use and issue the permit only for a site on an inventory of significant sites in the comprehensive plan.

Step 3

Step 3: Determine the ESEE consequences of potential future uses

Once a decision is made to allow mining, the site should be protected from future off-site uses that could create conflicts with the mining operation (e.g., new dwellings).

The county must identify and analyze the economic, social, environmental, and energy (ESEE) consequences of potential new conflicting uses that could occur within the impact area of the aggregate site.

Based upon the analysis, the county shall determine whether to allow, limit, or prohibit potential conflicting use(s). This determination shall be reflected in the county comprehensive plan.

The revised rule does not require an ESEE analysis for small significant aggregate sites.

Step 4

Step 4: Develop a program to allow mining

If mining is permitted on a site, the county´s comprehensive plan and implementing ordinances must be amended as provided by OAR 660-023-0050.

All conditions, procedures, measures, or criteria adopted to regulate an aggregate mining site must be clear and objective.

The county shall also determine the post-mining use for the site and provide for this use in the comprehensive plan and land use regulations, as explained in OAR 660-023-0180(5)(f) and (6)(b).

All program measures adopted must be based upon and supported by the findings, conclusions, recommendations, and clear and objective standards developed throughout the Goal 5 process.

After Goal 5 Decision Making

After the land-use decision is made for an aggregate resource, development is regulated by four different Oregon agencies depending upon the scale of development, the design of development, the types of wastes generated by operations, ground and surface water impacts, associated wetlands and riparian areas, and reclamation requirements.